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In Massachusetts, Medicaid coverage of nursing home costs is obtained by filing a MassHealth long-term care application. Often, an initial denial is received, sometimes due to missing information. Not appealing that denial can have disastrous financial effects, so it is this office’s policy that every denial that is received during the MassHealth application process will be appealed. Any […]

Buying Insurance for Temporary Reasons Can Keep a Disqualifying Transfer from Becoming a Problem. Many persons do not become aware of long-term care financing issues (including MassHealth transfer restrictions and the lack of coverage of long-term health care by Medicare and other health insurance) until it is too late to engage in anything other than […]

Even After a Nursing Home Stay Has Begun, Some Asset Protection Planning Can Still Be Done Lookback and Disqualification Periods. Many persons, including some who are rendering advice about Medicaid law, seem to misunderstand the Medicaid lookback period. The lookback period is not the same as the disqualification period. When a Medicaid application is filed, […]

Each Type of Homestead Exemption Was Automatically Increased to $500,000.00 on October 26, 2004. What is a Declaration of Homestead? A “Declaration of Homestead” is a simple and inexpensive legal document that can protect part (or perhaps all) of the value of your home from most of your future creditors and lawsuits against you. Unless […]

In Massachusetts, Medicaid coverage of nursing home costs is obtained by filing a MassHealth long-term care application. Coverage under a MassHealth application can be retroactive to the first day of the third month prior to the application. Based on the date that MassHealth is needed, in many cases you must keep the original application alive. […]

A Revocable “Living” Trust Does Not Protect You. Some of my clients are concerned about the possibility of losing their homes to creditors. The following are some of the ways which can help you protect your home from being sold to satisfy debts owed to creditors. (1) If you are married and you acquired title […]

Pre-death gifts that are in excess of $14,000.00 per person per calendar year can reduce the amount that can be left behind as a tax-free inheritance. Someone who does not exceed that amount with gifts can leave $5,450,000.00 free of federal estate tax as an inheritance. For example, if a person makes a pre-death $17,000.00 […]

A MassHealth Applicant’s Home Can Sometimes Be Given Away Without Penalty Even After a Nursing Home Stay Has Begun. While many transfers of the home are subject to a period of disqualification from payment of nursing home costs by the state Medicaid program, some transfers can be made even after a nursing home stay has […]

Estate Tax Inclusion Results in a Step-Up in Basis and Eliminates Capital Gains Taxes on Transferred Real Estate. For many elderly persons in the middle class, a key tax goal is to keep the home includable in the person’s gross estate for federal estate tax purposes. Doing so results in a step-up in the basis of […]

An Irrevocable Trust Is Sometimes a Better Planning Maneuver Than an Outright Gift. There are several problems with outright gifts in the Medicaid planning context that can lead to the recommendation of the use of an irrevocable trust. Below are a few of these problems. (1) Appreciated Assets Clients are often concerned about leaving behind […]

The Law Offices of Brian E. Barreira are located in Plymouth, Massachusetts and Hingham, Massachusetts and, while some of our clients choose to travel long distances, we primarily serve the residents of Plymouth County (which includes the communities of Abington, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Middleboro, Norwell, Pembroke, Plymouth, Plympton, Rochester, Scituate, Wareham and West Bridgewater), the Upper Cape portion of Barnstable County (which includes the communities of Bourne, Falmouth, Mashpee and Sandwich) and southeastern Norfolk County (including the communities of Braintree, Canton, Cohasset, Holbrook, Quincy, Randolph, Sharon, Stoughton and Weymouth).

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